People v. Li CA1/5

BACKGROUND

In May 2023, appellant was charged by complaint with 10 offenses, including assault with intent to commit rape during a burglary (Pen. Code, § 220, subd. (b)),1 and forcible rape with a deadly weapon (§§ 261, subd. (a)(2), 12022, subd. (b)(1)). According to the probation report, appellant entered his ex-girlfriend’s residence through an unlocked door, “poked” her in the leg several times with a kitchen knife, and forcibly had sex with her against her will. In June 2024, appellant pled guilty to the counts of assault with intent to rape and forcible rape with a deadly weapon, admitted an enhancement allegation, and stipulated that the court could consider certain aggravating factors. The plea agreement provided that the remainder of the charges and enhancements would be dismissed, and that appellant would receive a stipulated sentence of nine years plus an additional term of seven years to life imprisonment. In August 2024, the court granted defense counsel’s motion to withdraw, and appointed new counsel. In September 2024, appellant’s new counsel filed a motion to withdraw his guilty plea on the ground that it was not freely and voluntarily entered into. At the…